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November 2010

Classification of New Services notified through Finance Act, 2010 under Export of Services Rules, 2005 — Circular No. 129/11/2010-ST, dated 21-9-2010.

By Pinky Shah, Sonalee Godbole, Gaurang Gandhi, Tarun Ghia, Brijesh Cholera, Pratik Mehta | Chartered Accountants
Sejal Vasa | Company Secretary
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SERVICE TAX UPDATE

 

15. Classification of New Services notified through Finance
Act, 2010 under Export of Services Rules, 2005 — Circular No. 129/11/2010-ST,
dated 21-9-2010.


To resolve the doubts raised by the service tax payers
regarding classification of new services introduced by the Finance Act, 2010,
the CBEC has clarified that all the new services shall fall in category 3(iii)
of the Export of Services Rules, 2005 and Taxation of Services (Provided from
Outside India and Received in India) Rules, 2006 popularly known as Import
Rules, 2006. Consequently for services to be classified as an eligible export,
the same must be provided to a service recipient located outside India and for
services to be classified as import of service the same must be provided from
outside India to a service recipient located in India.

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